ARMBRUSTER v. HOROWITZ


813 A.2d 698 (2002)

Charles ARMBRUSTER and Barbara Armbruster, Appellants, v. David HOROWITZ, DDS, Individually and Trading as Northeastern Pennsylvania Implant General Dentistry, Appellee.

Supreme Court of Pennsylvania.

Decided December 31, 2002.


Attorney(s) appearing for the Case

Frederick J. Fanelli, James J. Riley, Pottsville, for Charles Armbruster.

Sudhir Raman Patel, Pottsville, Norman David Namey, Kingston, for David Horowitz.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

Justice CASTILLE.

The issue in this appeal is whether an appellate court may review a properly preserved weight of the evidence claim where the judge who presided over the trial resigned from the bench without ruling on the claim. For the following reasons, we hold that this circumstance is an exception to the general rule that an appellate court may not review a weight of the evidence claim in the first instance, and that the Superior Court...

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